JAYABRATA AICH AND ORS Vs. STATE OF WEST BENGAL & ANR
LAWS(CAL)-2015-9-135
HIGH COURT OF CALCUTTA
Decided on September 10,2015

JAYABRATA AICH AND ORS Appellant
VERSUS
State Of West Bengal And Anr Respondents

JUDGEMENT

- (1.) This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by three petitioners Jayabrata Aich, Sharmishtha Aich and Gouranga Patra against the State of West Bengal and Subrata Nandan as opposite party nos. 1 and 2 respectively for quashing of proceedings being No. C 6242 of 2013 under Sections 324/354/506/34 of the Indian Penal Code pending before the Court the learned Judicial Magistrate, 8th Court at Alipore and all orders passed therein including the order dated 19.8.2013 passed by the learned Chief Judicial Magistrate at Alipore taking cognizance of offences under Sections 324/354/506/34 of the Indian Penal Code.
(2.) After filing of the instant application on prayer of petitioners and interim order of stay was granted on 28.3.2014 by a coordinate bench of this High Court. Subsequently, said order was extended on 22.12.2014 for two weeks from the returnable date of main revisional application. On 15.7.2015 affidavit of service has been filed. At the time of hearing no one represented the opposite parties.
(3.) According to the revisional application, an information has been lodged by the opposite party no. 2 against the petitioner nos. 2 and 3 at Kalighat Police Station alleging assault on daughter of opposite party no. 2 by the petitioner nos. 2 and 3 relating to a dispute between them about rent of a premises let out by opposite party no. 2 in favour of petitioner no. 2. On that basis Kalighat Police Station Case No. 208 of 2013 dated 24.7.2013 was started. After investigation in that case charge-sheet No. 188/2013 dated 21.12.2013 under Sections 323/341/504/114 of the Indian Penal Code has been submitted against the petitioner Nos. 2 and 3 of this case. Petitioner No. 1 is the husband of petitioner No. 2.;


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